Commission to appoint Henry McCulloh as Commissioner of the Quit Rents for North Carolina and South Carolina

George II, King of Great Britain, 1683-1760

May 16,
1739

Volume 11, Pages 31-34

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[B. P. R. O. Plantations General B. T. Vol. 55, p. 128.]

Commission to Henry MacCulloh Esqre commissioner for supervising inspecting and controling the Revenues and grants of Lands in South and North Carolina.

Dated 16th May 1739.

George R,

George the second by the Grace of God, of Great Britain, France and Ireland King Defender of the Faith etc. To all Our loving Subjects whatsoever to whom these Presents shall come or shall or may appertain greeting. Whereas by reason of the many Frauds, incroachments, concealments and abuses committed with respect to the grants of Lands and the Quitrents reserved thereon in the Provinces of South and North Carolina in America before ye Property of the Soil thereof became vested in Us and likewise for want of a due Regulation had in the publick offices in those Provinces since our Royal Instructions to Our Governors or Commanders in Chief there, have not hitherto had their desired effect, by reason whereof Our Officers there continue under great difficulties in ascertaining our Quitrents and great Disputes and Animosities have arisen in our said Province thereupon by which means our Revenues are not duly collected and accompted for in the said Provinces and our Subjects there are likewise left in a precarious situation with regard to their Titles to the Lands in their possessions. Now we judging it necessary as well for the ease of Our Subjects in our said Provinces of South and North Carolina and the establishing quiet and good Order there. As for the regulating, ascertaining and improving our Revenues there, to appoint a particular Officer to be Our Commissioner for inspecting and controling our Revenues and the grants of Lands in Our said Provinces. Know ye that we reposing especial Trust and confidence in the Ability, Care and Fidelity of Our Trusty and Welbeloved Henry MacCulloh Esqre have nominated, constituted and appointed and do by these Presents nominate, constitute and appoint him the said Henry MacCulloh to be Our Commissioner for supervising, inspecting and controling our Revenues and grants of Land as aforesaid in Our said Provinces of South and North Carolina,

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Hereby giving and granting unto him full Power to Examine and Enquire into all Frauds, concealments, neglects, delays and abuses with Respect to the grants of Lands there and the Quitrents payable thereupon, And towards preventing and determining all Disputes relating to the Premises to inspect into the Registers and Records of the said Provinces and to Summon or cause to be summoned in Order to be examined before him all such Persons as he shall judge capable of giving him any information relating to the Premises; and also where our said Commissioner finds after due Examination that Lands are claimed there under irregular Titles as exempted from Quitrents, or as liable to pay less Quitrents than those prescribed by Our Royal Instructions or that any greater Quantities of Land are claimed or held by particular Persons than what they pay Quitrents for or that Lands are not regularly settled according to the conditions of the Original grants. In all such cases We do hereby give and grant unto the said Henry MacCulloh full Power and Authority, and do hereby Charge and Command him to Certify such Illegal claims, possessions or pretended Exemptions to Our Attorney General in the said respective Provinces to be immediately proceded against according to Law. And in case he finds no such objections to any grants or claims of Land there to certify and attest the Truth thereof for the satisfaction of the Partyes desiring the same. And moreover We do hereby grant unto Our said Commissioner full Power to Inspect and Enquire into the present method of passing of grants of Lands through the several Offices in our said Provinces, and to settle and regulate the same in such manner that Our Royal Intentions declared in Our Instructions to our Governors there may be most effectually answered and all Frauds and Abuses therein prevented and also to settle and adjust proper Orders and Rules to be deserved for the more speedy collecting, receiving and accompting for Our Quitrents and detecting and prosecuting any Persons concealing or detaining the same. And for the Encouragement of the said Henry MacCulloh diligently and faithfully to perform this our commission and the Instructions relating thereto from time to time in all things as becometh, We do hereby give and grant unto him the Yearly Salary or allowance of Six Hundred Pounds sterling per annum for himself and two Hundred Pounds sterling per annum for his Clerks and Substitutes, to commence and be accompted payable

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from the Day of the Date hereof, and to be paid and payable Quarterly during his continuance in the said Trust or untill We shall think fit to Signify our Pleasure to the contrary which said Salaries or allowances amounting together to Eight Hundred Pounds Sterling per annum : shall be established and made payable unto him or his assigns out of our Revenue of Quitrents that shall be recovered and improved in our said Provinces or either of them by the Hands of Our Receivers general thereof or either of them from time to time next and immediately after satisfying or reserving sufficient to satisfy and pay all such salaries as have been already established by Us and made payable to Our Governor of North Carolina and to other our Officers in both the said Provinces and all the arrears thereof and to be allowed on the said Receivers accompts accordingly. And We do hereby order and direct the said Henry MacCulloh to observe and follow all such orders, Rules and Instructions as he shall receive from Us or the Commissioners of our Treasury or Our Commissioners for Trade and Plantations for the time being for the more effectual Performance of the Premises and to give an account of his actings and doings in the Execution of this Trust and of the Depositions and accompts that shall be taken, in writing from time to time with all convenient speed to the said Commissioners of our Treasury and Our Commissioners for Trade and Plantations and we do hereby charge and command our Provincial Treasurers in the said Provinces or their Deputies at the request of the said Henry MacCulloh to deliver to him from time to time account of all and every Person and Persons holding or claiming Lands within his or their respective Districts together with the Quantities of Land held and claimed by them and where situated and how long the respective Possessors have held the same and we do likewise strictly charge and command our Governors, Lieut Governors, Commanders in Chief and all our Officers whatsoever Ecclesiastical, Civil or Military and all other our loving Subjects whatsoever in the said Provinces who are or shall be anywise concerned in any the matters aforesaid that may respectively at the request and requests of the said Henry MacCulloh do from time to time not only permit him or such as he shall appoint to Inspect any Accompts, Entries or other Papers, in their respective Custodies touching or concerning the Premises or any of them but that they do also from time

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to time deliver or cause to be delivered to him or such as he shall appoint such attested Copies, Notes or Extracts thereof or any of them as he shall desire by any writing or writings under his hand without any charge for the same and that they be at all times ready and aiding to the said Henry MacCulloh in the Execution of the Trusts hereby reposed in him as aforesaid as they will answer the contrary at their Perils. And Lastly We do hereby direct and command our Provosts Marshall or their Deputies diligently and punctually to serve all such Messages, Summons and Orders as our said Commissioner shall judge necessary to be served for our Service. Given at our Court at St. James's this sixteenth day of May 1739 in the twelfth year of our Reign.

By His Majesty's Command

[Signed]

R. WALPOLE,

GEO: DODINGTON,

G.. EARLE.

Entred in the Office of the Rt Honble Horatio Walpole Esq Auditor and Surveyor genl of his Majtys Revenues in America, at Whitehall this 24th day of May 1739.

PETER LEHEUP.

Examined & compared with the Original per S. Gellibrande. 31. May 1739.